Vermont § 1106 - Procedure

§ 1106. Procedure

• (a) Except as otherwise specified in this chapter, proceedings commenced under this chapter
  shall be in accordance with the Vermont Rules for Family Proceedings and shall be
  in addition to any other available civil or criminal remedies. (b)(1) The Court Administrator shall establish procedures to ensure access to relief after
  regular court hours, or on weekends and holidays. The Court Administrator is authorized
  to contract with public or private agencies to assist plaintiffs to seek relief and
  to gain access to Superior Courts. Law enforcement agencies shall assist in carrying
  out the intent of this section. (2)(A) The court shall designate an authorized person to receive requests for ex parte temporary
  relief from abuse orders submitted after regular court hours pursuant to section 1104 of this title, including requests made by reliable electronic means according to the procedures
  in this subdivision (2). (B) If a secure setting is not available for processing an ex parte temporary relief from
  abuse order submitted after regular court hours, or if the authorized person determines
  that electronic submission is appropriate under the circumstances, the authorized
  person shall inform the applicant that a complaint and affidavit may be submitted
  electronically. (C) The affidavit shall be sworn to or affirmed by administration of the oath over the
  telephone to the applicant by the authorized person and shall conclude with the following
  statement: “I declare under the penalty of perjury pursuant to the laws of the State
  of Vermont that the foregoing is true and accurate. I understand that making false
  statements is a crime subject to a term of imprisonment or a fine, or both, as provided
  by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath
  was administered. (D) The authorized person shall communicate the contents of the complaint and affidavit
  to a judicial officer telephonically or by reliable electronic means. The judicial
  officer shall decide whether to grant or deny the complaint and issue the order solely
  on the basis of the contents of the affidavit or affidavits provided. The judicial
  officer shall communicate the decision to the authorized person, who shall communicate
  it to the applicant. If the order is issued, it shall be delivered to the appropriate
  law enforcement agency for service and to the holding station. (c) The Office of the Court Administrator shall ensure that the Superior Court has procedures
  in place so that the contents of orders and pendency of other proceedings can be known
  to all courts for cases in which an abuse prevention proceeding is related to a criminal
  proceeding. (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 3; 1993, No. 228 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 130; 2017, No. 110 (Adj. Sess.), § 2, eff. April 25, 2018; 2021, No. 147 (Adj. Sess.), § 4, eff. May 31, 2022.)